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DELHI HIGH COURT
VIPIN SANGHI, JASMEET SINGH
Delhi Sarkari Ration Dealers Sangh Delhi – Appellant
Versus
Commissioner Food and Supplies Govt. of NCT of Delhi – Respondent
JUDGMENT
Vipin Sanghi, J.
INTRODUCTION-SUBJECT MATTER OF CHALLENGE
1. In challenge in these two writ petitions, primarily, is the Door Step Delivery of Ration Scheme evolved by the Government of National Capital Territory of Delhi (GNCTD). The same, in effect, seeks to by-pass the existing Fair Price Shop (FPS) Owners/Dealers in the matter of distribution of foodgrains and wheat flour (Atta) at the door step of the beneficiaries under the Targeted Public Distribution System (TPDS).
2. W.P.(C) No. 2037/2021 has been preferred by a registered society of FPS Owners/Dealers i.e. the FPS licensees appointed under the Essential Commodities Act, 1955 (ECA).
3. W.P.(C) No. 13104/2021 has been preferred by the Delhi Ration Dealers Union through its President and six other individual petitioners. Whereas, petitioner No.1 is a Union of more than 700 FPS owners under the National Food Security Act, 2013 (NFSA), who are engaged in providing rations to TPDS card holders, petitioner Nos. 2 to 7 are some of the FPS owners who are also members of the petitioner No.1 union. These petitioners have been licensed by the GNCTD to provide ration to TPDS card holders.
4. While in W.P.(C.) No. 2037
Essential Commodities - Duare Ration Scheme - Implementation of Scheme - In a democracy, it is prerogative of elected Government to follow its own policy - Unless any illegality is committed in execu....
The State Government exceeded the limit of delegation by obliging the Fair Price Shop dealers to distribute the rations to the beneficiaries at their doorstep in absence of any authority to that effe....
The court upheld the validity of amendments regulating the public distribution system, ruling no fundamental rights were violated by limiting fair price shop allotments to three per agency.
The court emphasized that the appellants had no legal right to challenge the State's policy decision, as it was taken at the top level of the administrative hierarchy and implemented through the subs....
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